John Davis Comments on Enforcement Priorities in the Anti-Corruption Report

"DOJ's Miner Talks Individuals, Big Data and More Guidance to Come"

The Anti-Corruption Report

10.02.2019

John Davis commented on U.S. Department of Justice (DOJ) Fraud Section enforcement priorities highlighted in a recent speech by Deputy Assistant Attorney General Matthew Miner. In the speech, Miner discussed the importance of individual prosecutions, the importance of data analytics in effective compliance programs, and the DOJ's approach to penalizing companies with an inability to pay the appropriate fine. Davis said additional guidance would be welcome in that area. "Traditionally, making a case of inability to pay has been very difficult, though we have seen a few FCPA cases in which those arguments appear to have been successful," Davis said. "Even with clearer guidance, it is quite possible that the level of financial hardship needed to claim an inability to pay will remain very high – but we will see what comes from the DOJ's process."